12. FORCE MAJEURE The Company shall not be liable for any loss or damage caused by circumstances beyond the Company’s control, including but not limited to, an act of God, war, civil disturbance, governmental restrictions, import or export regulations, industrial disputes and difficulties in obtaining labour or materials. Should any such event occur, the Company might cancel or suspend this contract without incurring any liability for any loss or damage caused. 13. NOTICE OF DAMAGE, NON-DELIVERY OR WRONG DELIVERY a. The Company gives no guarantee of the exact quantity of goods delivered, and in the event that quantity of Goods delivered does not correspond with the quantity stated on the order the customer shall only be liable to pay for the quantity delivered. b. If upon receipt the Goods appear damaged or incomplete, please indicate on the carrier’s documentation and notify our Customer Services Department of the situation no later than 3 days after delivery. If in doubt, please sign the carrier’s documentation “Unchecked”. Should an expected consignment not arrive, please notify our Customer Services Department within 21 days from date of invoice, failing which the company shall be under no liability for non-delivery. c. Any surplus goods delivered shall remain the property of the Company, and the Customer shall take all reasonable precautions for the safe custody and protection of such surplus goods until the time of their removal by the Company. d. d) In the event of goods being wrongly delivered, under no circumstances shall any goods be returned to the Company without its prior consent, otherwise liability is not accepted. The Company will issue a Returns Authorisation Number (RAN) and this must be marked on the exterior of every package returned. Returned Goods must be suitably packaged for transportation by the carrier. Goods received without suitable packaging will not be credited. Where the Company has made the error, full credit will be given on uplifted goods in good condition. e. The Company is under no obligation to accept goods for return, e.g. in the case of Customer ordering error, surplus stock, etc., but where it agrees to do so the following handling charges will apply:- 30 days of delivery, no restocking fee 31 Days – 365 Days of delivery, a 15% restocking/packaging fee Over 12 months of delivery, no credit will be given. The Customer will arrange carriage and pay all freight charges. The Customer should obtain a Returns Authorisation Number, which should be marked clearly on each package being returned. Only complete units of sale may be returned and all goods are to be in good condition. The Customer will be liable for a 15% restocking fee for any goods returned in a non saleable condition or with missing accessories, regardless of the number of days since delivery, with the balance of the goods being paid for in full by the Customer. f. Refused Deliveries – We reserve the right to make a carriage charge plus 15% handling charge on all consignments which are tendered for delivery and refused without justification. Goods returned in a non-saleable condition will be paid for in full by the Customer. Goods should not be returned without the prior agreement of the Company. g. Only unused and complete goods may be returned, and they must be undamaged, complete with all accessories and less than 12 months old. Goods not conforming to these criteria will not be accepted for credit. The Company reserves the right to dispose of any non saleable and non creditable returned goods. h. Custom manufactured products and non stock products are non returnable. 14. DISPUTES AND SET-OFF Any liability of the Company under the contract shall be subject to and conditional upon the due performance and observance by the Customer of all its obligations under these conditions. Subject to these conditions, the Customer shall not be entitled to withhold or delay payment or exercise any right or set-off whatsoever and howsoever arising or arisen which might otherwise be available to it.
15. COPYRIGHT All copyrights shall remain the property of the Company alone unless otherwise expressly agreed in writing with the Customer. All product images remain the property of the Company and may not be reproduced in print or electronic format without the express written permission of the Company.
16. RETAIL/RESELLING Reselling of DJO branded products is forbidden without written consent from the Company.
17. PATENT RIGHTS The Customer warrants that any instructions furnished or given by the Customer shall not be such as will cause the Company to infringe any letters patent or trademark or other intellectual property right in execution of the Customer’s order and shall indemnify the Company against all actions, costs, claims and such demands arising therefrom to the extent that such instructions lead to such infringements.
18. GOVERNMENT CHARGES The Customer will reimburse the Company for any increase in tax or governmental charge, or for any new tax or governmental charge hereafter becoming effective which the Company may be required to pay to any government upon the sale, production, or transportation of the Goods and which has the effect of increasing the cost of the Goods sold hereunder.
19. ASSIGNMENT This contract is personal to the Customer and may only be assigned by it with the prior written consent of the Company.
20. BANKRUPTCY / LIQUIDATION If the Customer being an individual (or, when the Customer is a firm, any partner in that firm) shall at any time become bankrupt, or having a receiving order made against them or shall make any composition or arrangement with or for the benefit of the creditors or if the Customer, being a company, an order for winding up is made or a resolution for winding up is passed or if a receiver or manager is appointed on behalf of a creditor or otherwise, the Company shall have the right to stop Goods in transit, to suspend further deliveries and to determine any subsisting contract with the Customer and (in any case where title to the Goods has to be passed to the Customer but payment is due and has not been made) the Company shall have a lien over the Goods and right of resale, provided that any such action shall be without prejudice to any right or claim the Company may have against the Customer.
21. CUSTOMER CARE In our quest to “Never Stop Getting Better”, we may from time to time monitor and record customer communications. This is for internal training purposes only and the confidentiality of our Customers and their transactions will be fully protected at all times.
22. PERSONAL CALLERS We regret that we are unable to deal directly with personal callers to our office.
23. TERMS AND CONDITIONS Terms and conditions quoted in this catalogue supersede all previous terms and conditions unless otherwise stated.
24. COMPANY DETAILS DJO UK Ltd 1a Guildford Business Park Guildford, Surrey GU2 8XG Tel: +44 (0) 1483 459659 Fax: +44 (0) 1483 459470 Company Registration Number: 4276829 VAT Registration Number: 785 0868 83 Eire VAT Registration Number: IE 998 7359 J
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